STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-597

) LICENSE NO. 0081516

JOYCE MCCLAIN, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, in Hearing Room 104, Collins Building, Tallahassee, Florida, at 2:00 p.m. on December 15, 1975.

APPEARANCES

For Petitioner: Ronald C. LaFace, Esquire

Post Office Box 1752 Tallahassee, Florida 32304

For Respondent: John R. Forbes, Esquire

137 E. Forsyth Street Jacksonville, Florida

ISSUE

Whether Respondent Joyce McClain practiced cosmetology without the presence and supervision of a master cosmetologist.

FINDINGS OF FACT

1. Two inspectors from the Board of Cosmetology entered the premises of the Seligman & Latz, Inc. beauty salon, d/b/a May Cohen Beauty Salon, late in the evening of September 19, 1974 and observed the Respondent Joyce McClain combing out the hair of a customer. Joyce McClain was not a master cosmetologist at that

   time and there was no master cosmetologist directly supervising the work of the cosmetologist Joyce McClain. The inspectors for the Board of Cosmetology observed the Respondent working, discussed the work with her, wrote a violation, presented it to her and departed the premises having found no master cosmetologist in the area in which the Respondent Joyce McClain was working or in the area in which the customers were invited to come and in which the employees practiced the art of cosmetology on the customers. The act of combing out the hair of another person is practicing the art of cosmetology as defined in Section 477.03, Florida Statutes.

   
   

   CONCLUSIONS OF LAW

   
   

2. The arranging and combing out of the hair of another person is the practice of cosmetology as defined in Section 477.03(e), F.S.:

   
   

   "(e) Hairdressing or the arranging, waving, dressing, curling, cleansing, thinning, cutting, singeing, bobbing, bleaching, tinting, coloring, steaming, straightening, dyeing, brushing, beautifying or otherwise treating by any means the hair of any person."

   
   

3. Joyce McClain was practicing the art of cosmetology not under the supervision of a master cosmetologist in violation of Section 477.04, F.S.:

"No registered cosmetologist may independently practice cosmetology, but he may, as a cosme- tologist, do any or all of the acts constituting the practice of cosmetology under the immediate personal supervision of a registered master cosmetologist. The ratio of registered master cosmetologists to cosmetologists shall be as follows: one registered master cosmetologist

to every five cosmetologists."

RECOMMENDATION

Suspend the license of Respondent cosmetologist Joyce McClain for a period of not less than one (1) and not more than thirty

(30) days.

DONE and ORDERED this 29th day of January, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Ronald C. LaFace, Esquire Counsel for Petitioner

John R. Forbes, Esquire Counsel for Respondent

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

FLORIDA STATE BOARD OF COSMETOLOGY

BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 75-597

LICENSE NO. 0081516

JOYCE MCCLAIN,

Respondent.

/

FINAL ORDER

The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusions of law, interpretation of Administrative Rules and findings of fact dated January 30, 1976, copy of which is attached hereto and incorporated herein by reference.

The State Board of Cosmetology having reviewed the recommended penalty under the circumstances of this case the State Board of Cosmetology feels that to impose a penalty in excess of

15 days would be unduly harsh under the circumstances and therefore having considered the recommended penalty in the Hearing Examiner's Order imposes a suspension of the master cosmetologist's license for the period of 15 days.

That the suspension shall be effective beginning on the 1st day of April, 1976 and shall terminate on the 16th day of April, 1976. That the Respondent shall deliver her license number 0081516 covered by this suspension by Certified Mail, Return Receipt Requested prior to the effective date of the suspension and the said license may be picked up by the Respondent at the State Board Administrative Office, 308 Avenue A, SW, Winter Haven, Florida or will either be mailed at the option of the Respondent on the last day of the suspension.

ENTERED this 9th day of March, 1976.

Herbert S. Garcia, Chairman Florida State Board of Cosmetology

Copies Mailed to:

John R. Forbes, Esquire

137 E. Forsyth Street Jacksonville, Florida

Joyce McClain

1920 Dean Road, Apt. #13 Jacksonville, Florida

Docket for Case No: 75-000597

Orders for Case No: 75-000597